Star, Idaho

4-4-1: – Definitions

For the purpose of this chapter, the present tense shall include the past and future tense, and the future the present. Each gender shall include all genders. The singular number shall include the plural, and the plural the singular.

As used in this chapter, unless the context otherwise indicates, the following words shall be defined to mean:

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ANIMAL KENNEL OR CATTERY: Any owner or broker who keeps, leases, buys, barters, or sells animals for gain; provides facilities for breeding, boarding, transporting, exhibiting, grooming, including bathing or their cosmetic care; or provides guard services. Kennels and catteries are subject to conditional use permits through the city, as required by the city zoning ordinance.

ARTICLE A: – KENNELS AND CATTERIES

4-4A-1: – License Required; Conditional Use Permit

A. License Required: All kennels and catteries must be licensed. It shall be unlawful for any person to operate a kennel within the incorporated area of the city without first having obtained a kennel or cattery license.

B. Application; Conditional Use Permit: Applications shall be made to the animal control agency upon an approved conditional use permit from the city as required by the city zoning ordinance.

4-4A-2: – Application for License

A. General Information: The application shall state the name and address of the owner, the location of the kennel, and the breed(s) and number of dogs or cats to be kept.

B. Requirements: Any application for a kennel or cattery license must include:

1. Written approval from the animal control agency including a statement limiting the number of dogs or cats that may be kept at the facility.

2. Licensing for each animal.

3. Written approval from the city.

4-4A-3: – License Term; Fee

A kennel license shall be valid for a period of one year, and the annual fee for a kennel license shall be set by resolution of the city council.

4-4A-4: – Inspection of Premises Prior to Granting License

The animal control agency shall inspect all prospective kennels or catteries prior to granting a kennel license.

4-4A-5: – Exclusions from Licensing

“Animal kennel or cattery” shall not be construed to mean an animal clinic, animal shelter, impound facility, animal hospital or veterinary office where boarding is limited to short term care incidental to the hospital or shelter use.

4-4A-6: – Unsanitary, Nuisance Conditions; Abatement

Any kennel or cattery which is found by the animal control agency to be unsanitary or a menace to an animal or public health, safety or welfare is declared to be a public nuisance. The animal control agency is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect animal or public health, safety or welfare, the animal control agency is authorized and empowered to summarily abate such nuisance by any reasonable means, including, but not limited to, impoundment of the animal(s) and/or immediate closure of the kennel or cattery for such time until the nuisance is abated.

4-4A-7: – Denial or Revocation of License

A. Causes for Denial or Revocation: A kennel or cattery license may be revoked or application for kennel or cattery license denied when any of the following conditions are found to exist:

1. Dogs from any such kennel that are impounded or cited for running at large or other violations of this chapter three (3) times in any six (6) month period.

2. Failure to maintain a list of animals kept at the kennel or cattery.

3. Failure to allow access to any authorized animal control agency to inspect the kennel or cattery facility.

4. Failure to maintain the kennel or cattery in a clean and sanitary manner.

5. Failure to provide adequate shelter and protection from the weather.

6. Failure to maintain adequate or approved ventilation.

7. Overcrowding of animals.

8. Housing together of animals which are temperamentally unsuited, or allowing such animals to approach as near to each other as to cause animals to be abused or tormented.

9. Excessive or loud noise.

10. Failure to adequately treat or have treated any diseased or injured animal or to segregate such diseased animal so as to prevent the spread of disease to other animals.

B. Time Limit for Correction of Defect or Contesting Decision: Upon notice of revocation, a kennel or cattery license holder shall have thirty (30) days to correct any defect and to petition the city council to contest such revocation.

C. Revocation or Review of Petition: Thirty (30) days after notice of revocation, if no petition seeking review of revocation has been filed to the city council, the kennel or cattery license shall be deemed revoked. If a petition is filed, a review shall be held in substantial compliance with the administrative procedures act ¹ . If the petition is denied, the kennel or cattery license shall be deemed revoked.

D. Citation for Violation: Any person whose kennel or cattery license is revoked under subsection A of this section shall also be subject to citation for violation of this section and shall be subject to the penalty provisions of chapter 4 of this title.

4-4A-8: – Violations; Citation

Any person who owns, keeps or operates a kennel or cattery and who fails to obtain and maintain a current kennel or cattery license shall be subject to citation for violation of this article and shall be subject to the penalty provisions of this article.

4-4A-9: – Show Cause Hearing to Obtain License

The city council shall not issue a kennel or cattery license to any person who has, at any time, been convicted of animal cruelty, abuse or neglect, except upon a court order following a show cause hearing wherein the person seeking the kennel or cattery license has shown that he or she can and will run, keep and operate the kennel or cattery in a safe and humane fashion and in accordance with state laws and with this article.